Blackhall v. Kijakazi
- Proceeding
- district
- Area
- civil
- Panel
- Daniel E. Butcher (author)
Analysis
Plaintiff Barbara B. filed an application to proceed in forma pauperis in a civil action against the Commissioner of Social Security. The court granted the application, finding that the plaintiff demonstrated an inability to pay the filing fee while maintaining the necessities of life.
| What the court decided | The model |
|---|---|
Application to Proceed in Forma Pauperis Granted“Accordingly, Plaintiff's Application to Proceed with her Complaint in forma pauperis is GRANTED.” | agree with court The court correctly applied the statutory standard of 28 U.S.C. § 1915(a) and the Ninth Circuit precedent from United States v. McQuade. The record recited in the order shows the plaintiff has a monthly income of $870 and total assets of approximately $894 (plus a 2001 vehicle), with monthly expenses of $785. This financial profile demonstrates that paying the filing fee would likely deprive the plaintiff of the necessities of life, satisfying the legal requirement for IFP status. |
The order itself: sound — The order is procedurally correct and relies on the appropriate statutory and circuit authority. It explicitly connects the specific financial facts provided in the plaintiff's affidavit (income, assets, expenses) to the legal standard for granting IFP status. There are no gaps in the reasoning for this specific procedural motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BARBARA B., Case No.: 20-cv-1931-DEB 12 Plaintiff, ORDER GRANTING APPLICATION 13 v. TO PROCEED IN FORMA PAUPERIS 14 ANDREW SAUL, Commissioner of Social Security, 15 [DKT. NO. 2] Defendant. 16 17 Before the Court is Plaintiff Barbara B.’s Application to Proceed in forma pauperis. 18 Dkt. No. 2. A court may authorize the commencement of a suit without prepayment of fees 19 if the plaintiff submits an affidavit, including a statement of all her assets, showing she is 20 unable to pay the filing fee. See 28 U.S.C. § 1915(a). The affidavit must “state the facts as 21 to [the] affiant’s poverty with some particularity, definiteness and certainty.” United States 22 v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal quotations omitted). An affidavit 23 is sufficient if it shows the applicant cannot pay the fee “and still be able to provide himself 24 [or herself] and dependents with the necessities of life.” Id. (internal quotations omitted). 25 Here, Plaintiff’s application states she is unemployed, has limited assets, and a 26 $870.00 average monthly income from retirement. Dkt. No. 2 at 2. Plaintiff’s only assets 27 are checking and saving accounts with a combined balance of $893.92, and a 2001 Chrysler 28 1 Cruiser. /d. at 2-3. Plaintiff's monthly expenses average $785 and include rent, gas, 2 ||vehicle insurance, and recreation. Jd. at 4-5. Based on the foregoing, the Court finds 3 || Plaintiff has sufficiently shown that she lacks the financial resources to pay her filing fee. 4 || Accordingly, Plaintiff's Application to Proceed with her Complaint in forma pauperis is 5 || GRANTED. 6 IT IS SO ORDERED. 7 ||Dated: October 1, 2020 □ Daud Teron, 9 Honorable Daniel E. Butcher United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28